Non-putrescible solid wastes consisting of combustible and/or
non-combustible waste materials from dwelling units, commercial, industrial,
institutional, or agriculture establishments which are either too
large or too heavy to be safely and conveniently loaded in solid waste
collection vehicles by solid waste collectors, with the equipment
available therefor.

Commercial solid waste: Solid waste resulting
from the operation of any commercial, industrial, institutional or
agricultural establishment, and multiple housing facilities with more
than four (4) dwelling units.

The
occupant of every dwelling unit and of every institutional, commercial
or business, industrial or agricultural establishment producing solid
waste within the corporate limits of the City, shall provide sufficient
and adequate containers for the storage of all solid waste except
bulky rubbish and demolition and construction waste to serve each
dwelling unit and/or establishment; and to maintain such solid waste
containers at all times in good repair.

The
occupant of every dwelling unit and of every institutional, commercial,
industrial, agricultural or business establishment shall place all
solid waste to be collected in proper solid waste containers, except
as otherwise provided herein, and shall maintain such solid waste
containers and the area surrounding them in a clean, neat and sanitary
condition at all times.

Residential
solid waste shall be stored in containers of not more than thirty-five
(35) gallons nor less than twenty (20) gallons in nominal capacity.
Containers shall be leakproof, waterproof, and fitted with a fly-tight
lid and shall be properly covered at all times except when depositing
waste therein or removing the contents thereof. The containers shall
have handles, bails or other suitable lifting devices or features.
Containers shall be of a type originally manufactured for residential
solid waste, with tapered sides for easy emptying. They shall be made
of lightweight and sturdy construction. The weight of any individual
container and contents shall not exceed seventy-five (75) pounds.
Galvanized metal containers, rubber or fiberglass containers, plastic
containers which do not become brittle in cold weather, may be used.
Disposal solid waste containers with suitable frames or containers
as approved by the Director may also be used for storage of residential
solid waste.

Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste herein or removing the contents thereof; and shall meet all requirements as set forth by Section 245.060.

Tree
limbs less than four (4) inches in diameter and brush shall be securely
tied in bundles not larger than forty-eight (48) inches long and eighteen
(18) inches in diameter when not placed in storage containers. The
weight of any individual bundle shall not exceed seventy-five (75)
pounds.

Yard
wastes shall be stored in containers so constructed and maintained
as to prevent the dispersal of wastes placed therein upon the premises
served, upon adjacent premises, or upon adjacent public rights of
way. The weight of any individual container and contents shall not
exceed seventy-five (75) pounds.

Collection of residential solid waste. The City
shall provide for the collection of all residential solid waste in
the City, provided however, that the City may provide the collection
service by contracting with a person, county, or other city or a combination
thereof, for the entire City or portions thereof, as deemed to be
in the best interest of the City.

Other collections. The City may, at its discretion,
provide commercial solid waste collection services upon specific application
of the owners or persons in charge thereof. However, in the event
that such application is not made or approved, it shall be the duty
of such establishment to provide for collection of all solid waste
produced upon any such premises.

The City shall provide for the collection of bulky waste in the City
on at least one (1) day annually, said day being selected by the City
and designated the annual clean-up day, provided however, that the
City may provide the collection service by contracting with a person,
county, or other city or a combination thereof, for the entire City
or portions thereof, as deemed to be in the best interest of the City.

Community subscription dumpster. The City may, at
its discretion, provide one (1) or more community use dumpsters to
be placed on public property or such private property made available
to the City. Such dumpsters shall be known as "community use
subscription dumpsters". The City may choose to provide such dumpsters only to the extent that the cost of providing said service is fully paid for by the revenue collected from the customers who subscribe to pay for the use of said dumpsters. The right to use community use dumpsters is restricted solely to those users who pay the community use dumpster subscription fee or the one-time use fee as established by the Board of Aldermen in Section 245.070 of the Code. The right to use the community subscription dumpsters is not included in the monthly curbside solid waste collection fee. Customers paying for curbside collection must pay the additional subscription fee if they wish to also use the community dumpster.

All
solid waste from premises to which collection services are provided
by the City shall be collected, except bulky rubbish as defined herein,
provided however, that bulky rubbish will be collected if tied securely
in bundles not exceeding reasonable limitations of weight and bulk
to be tied by regulations to be made and promulgated by the Director
as hereinafter provided. All solid waste collected shall, upon being
loaded into collection equipment, become the property of the collection
agency.

Tree limbs and yard wastes, as described in Section 245.020 (E, F) respectively, shall be placed at the curb or alley for collection. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb or alley or at the rear of the building for collection. Any solid waste containers, tree limbs, yard wastes, or other solid waste permitted by this Chapter to be placed at the curb or alley for collection shall not be so placed until the regularly scheduled collection day.

Solid
waste collectors, employed by the City or a solid waste collection
agency operating under contract with the City, are hereby authorized
to enter upon private property for the purpose of collecting solid
waste therefrom as required by this Chapter. Solid waste collectors
shall not enter dwelling units or other residential buildings for
the purpose of collecting residential solid waste. Commercial solid
waste may be removed from within commercial establishments upon written
request of the owner and approval by the Director.

The
following collection frequencies shall apply to collections of solid
waste within the City:

All residential solid waste, other than bulky rubbish, shall
be collected at least once weekly. All commercial solid waste shall
be collected once weekly, and shall be collected at such lesser intervals
as may be fixed by the Director upon a determination that such lesser
intervals are necessary for the preservation of the health and/or
safety of the public.

Residential
solid waste containers shall be stored upon the residential premises.
Commercial solid waste containers shall be stored upon private property,
unless the owner shall have been granted written permission from the
City to use public property for such purposes. The storage site shall
be well-drained; fully accessible to collection equipment, public
health personnel and fire inspection personnel.

All
collection vehicles shall be maintained in a safe, clean and sanitary
condition, and shall be so constructed, maintained and operated as
to prevent spillage of solid waste therefrom. All vehicles to be used
for collection of solid waste shall be constructed with watertight
bodies and with covers which shall be an integral part of the vehicle
or shall be a separate cover of suitable material with fasteners designed
to secure all sides of the cover to the vehicle and shall be secured
whenever the vehicle is transporting solid waste, or, as an alternate,
the entire bodies thereof shall be enclosed, with only loading hopers
exposed. No solid waste shall be transported in the loading hoppers.

Permits
shall not be required for the removal, hauling or disposal of earth
and rock material from grading or excavation activities, however,
all such material shall be conveyed in tight vehicles, trucks or receptacles,
so constructed and maintained that none of the material being transported
shall spill upon the public rights of way.

Residential and single location business. Twenty-five
dollars ($25.00) per address. However, such pass shall be limited
to a maximum of twenty-five (25) entries, after which such time additional
entries may be purchased for one dollar ($1.00) per entry in five
dollar ($5.00) multiples. Residential and single location drop-off
material must originate within the City limits. The burden of proof
to determine source of origin is on the customer. The City may deny
use at any time it has reasonable suspicion that material is not originating
within the City limits. Fees shall not be refunded if use is denied
for such reason.

Residential customers with multiple rental properties are authorized
to service up to four (4) rental properties with one (1) fee when
all such properties are located within the City limits. This condition
shall also apply to customers with both a residential and business
location when all such properties are located within the City limits.
However, such pass shall be limited to a maximum of twenty-five (25)
entries, after which such time additional entries may be purchased
for one dollar ($1.00) per entry in five dollar ($5.00) multiples.
Residential and single location drop-off material must originate within
the City limits. The burden of proof to determine source of origin
is on the customer. The City may deny use at any time it has reasonable
suspicion that material is not originating within the City limits.

Lawn service professional. Individuals or firms
providing professional lawn service to four (4) or more paying customers
and whose service is limited to the care of grass, flowers, brush
and shrubs shall pay an annual fee of one hundred dollars ($100.00)
for any use of the drop-off facility. Such pass shall be limited to
twenty-five (25) entries during after which time additional entries
may be purchased at the rate of four dollars ($4.00) per entry with
a minimum purchase increment of five (5) entries. A lawn service professional
shall be limited to the following tree service: Tree service of any
kind, including pruning trees and removing dead limbs may be included
only as an incidental portion of such lawn care services. An incidental
portion of such services shall be defined disposal of less than five
(5) cubic yards of loose tree limbs or other tree material per property
served. In no instances shall a lawn care professional be allowed
to dispose of stumps or any other tree material with a diameter of
greater than nine (9) inches. All material delivered to the site by
lawn service professionals must originate within the City limits.
The City may deny use at any time it has reasonable suspicion that
material is not originating within the City limits. Fees shall not
be refunded if use is denied for such reason. Fees for professional
lawn service shall be in addition to any fee paid by property owner
or renter for an individual property. Entry is prohibited to vehicles
in excess of one (1) ton rated capacity and to trailers in excess
of sixteen (16) feet in length.

Tree service professional. Individuals or firms
providing professional tree service shall pay an annual fee of two
hundred fifty dollars ($250.00) for any use of the drop-off facility. "Tree service professionals" shall be defined as anyone
who charges another for tree or landscape service provided to four
(4) or more properties or customers. However, such pass shall be limited
to a maximum of twenty-five (25) entries, after which such time additional
entries may be purchased for four dollars ($4.00) per entry with a
minimum purchase increment of twenty dollars ($20.00). All material
delivered to the site by tree service professionals must originate
within the City limits. The City may deny use at any time it has reasonable
suspicion that material is not originating within the City limits.
Fees shall not be refunded if use is denied for such reason. Fees
for professional tree service shall be in addition to any fee paid
by property owner or renter for an individual property. Entry is prohibited
to vehicles in excess of one (1) ton rated capacity and to trailers
in excess of sixteen (16) feet in length.

Fees for the card reading system shall initially be in effect from
July 1, 2009 through December 31, 2010, after which time they shall
be in effect from January first (1st) to December thirty-first (31st)
of each calendar year and shall not be prorated.

The two (2) additional authorized users of a residential card must
be members of the same family residing at the same address or if a
non-traditional family must reside at the same address as the primary
user. The City may refuse to honor or may revoke the authorization
for additional users in any instance that these conditions are violated.
The user bears the burden of proof in such instances.

The two (2) additional authorized additional users of a lawn service
or tree service professional's pass must be employees of the primary
user. The City may refuse to honor or may revoke the authorization
for additional users in any instance that these conditions are violated.
The user bears the burden of proof in such instances.

Cards are not transferable for use at a property other than the property
of the card holder nor are cards transferable to any user other than
the primary and two (2) additional authorized users. The City reserves
the right to revoke the card, without refund, of any user who allows
anyone other than an authorized user to use their card. This administrative
revocation of card privileges does not eliminate the City's right
to charge the unauthorized user with a violation of any applicable
City solid waste, service, tree or green waste ordinance.

The
City Administrator is authorized to establish such rules and regulations
as may be needed to implement and administer this program subject
to review of such rules and regulations by the City Utility Board.

Solid
wastes shall be disposed of at a processing facility or disposal area
approved by the City and complying with all requirements of the Missouri
Solid Waste Management Law, Sections 260.200 to 260.276, RSMo., and
the rules and regulations adopted thereunder.

The
Director may classify certain wastes as hazardous wastes which will
require special handling and shall be disposed of only in a manner
acceptable to the Director and which will meet all Local, State and
Federal regulations.

No
person shall engage in the business of collecting, transporting, processing
or disposing of solid waste within the corporate limits of the City,
without first obtaining an annual permit therefor from the City; provided
however, that this provision shall not be deemed to apply to employees
of the holder of any such permit.

No
such permit shall be issued until and unless the applicant therefor,
in addition to all other requirements set forth, shall file and maintain
with the Director evidence of a satisfactory public liability insurance
policy, covering all operations of such applicant pertaining to such
business and all vehicles to be operated in the conduct thereof, in
the amount of not less than one hundred thousand dollars ($100,000.00)
for each person injured or killed, and in the amount of not less than
eight hundred thousand dollars ($800,000.00) in the event of injury
or death of two (2) or more persons in any single accident, and in
the amount of not less than one hundred thousand dollars ($100,000.00)
for damage to property. Should any such policy be canceled, the Director
shall be notified of such cancellation by the insurance carrier in
writing not less than thirty (30) days prior to the effective date
of such cancellation, and provisions to that effect shall be incorporated
in any such policy, which shall also place upon the company writing
such policy the duty to give such notice.

If
the application shows that the applicant will collect, transport,
process or dispose of solid wastes without hazard to the public health
or damage to the environment and in conformity with the laws of the
State of Missouri and this Chapter, the Director shall issue the permit
authorized by this Chapter. The permit shall be a fee of ten dollars
($10.00) for each solid waste processing or disposal facility to be
operated and a fee of ten dollars ($10.00) for each collection vehicle
to be used. If, in the opinion of the Director, modifications can
be made to the application regarding service, equipment, or mode of
operation, so as to bring the application within the intent of this
Chapter; the Director shall notify the applicant in writing setting
forth the modification to be made and the time in which it shall be
done.

If the applicant does not make the modifications pursuant to the notice in Subsection (D) above, within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of solid wastes will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the Director, in writing, stating the reason for such denial. Nothing in this Section shall prejudice the right of the applicant to reapply after the rejection of his application provided, that all aspects of the re-application comply with the provisions of this Chapter.

In
order to insure compliance with the laws of this State, this Chapter
and the rules and regulations authorized herein, the Director is authorized
to inspect all phases of solid waste management within the City of
Plattsburg. No inspection shall be made in any residential unit unless
authorized by the occupant or by due process of law. In all instances
where such inspections reveal violation(s) of this Chapter, the rules
and regulations authorized herein for the storage, collection, transportation,
processing or disposal of solid waste or the laws of the State of
Missouri, the Director shall issue notice for each such violation
stating therein the violation or violations found, the time and date
the corrective measure to be taken, together with the time in which
such corrections shall be made.

In
all cases, when the corrective measures have not been taken within
the time specified, the Director shall suspend or revoke the permit
or permits involved in the violation, however, in those cases where
an extension of time will permit correction and there is no public
health hazard created by the delay, one (1) extension of time not
to exceed the original time period may be given.

Any
person who feels aggrieved by any notice of violation or order issued
pursuant thereto of the Director may, within ten (10) days of the
act for which redress is sought appeal directly to the Associate Circuit
Court of Clinton County, Missouri, in writing, setting forth in a
concise statement the act being appealed and the grounds for its reversal.

All
motor vehicles operating under any permit required by this Chapter
shall display the number or numbers on each side in colors which contrast
with that of the vehicle, such numbers to be clearly legible and not
less than two (2) inches high. Each permit for processing or disposal
facilities shall be prominently displayed at the facility.

The
City Clerk or such other City Official who is responsible for preparing
utility and other service charge billings for the City, is hereby
authorized to make and promulgate reasonable and necessary rules and
regulations for the billing and collection of solid waste and/or disposal
service charges, as hereinafter provided for.

Rates. That there is hereby, for the collection and disposal
of solid waste, a service charge for each dwelling unit and each commercial
establishment to which such service shall be provided under the provision
of this Chapter. The service charge for collection of residential
solid waste shall be as follows:

[Ord. No. 2345, 9-13-2018]

Residential Rates

Senior citizen (over 65 in age): $9.02 per month.

Standard residential (under 65 in age): $13.30 per month.

Billing fee: $1.10 per month.

Recycling fee: $2.00 per month.

Commercial Rates. Effective for service provided
on or after April 2, 2008, the service charge for each commercial
establishment shall be as listed in a rate sheet to be maintained
by the City Clerk. Commercial establishments shall be subject to the
billing and recycling fees listed above.[1]

Editor’s Note: The fees for the community dumpster,
as amended through 5-9-2013 by Ord. No. 2156, which immediately followed,
have been superseded by Ord. No. 2186, adopted 5-9-2013. For current
provisions, see Subsection (D)(2) of this section.

Senior Citizen Exception. Senior citizens (65 or older)
residing at and having residential utility services in their own name
shall be exempt from paying a monthly residential solid waste collection
fee and the monthly billing fee. Senior citizens shall be charged
the monthly recycling fee.

City Payment Of Senior Citizen Service. The City shall provide
residential solid waste service to senior citizens at the rate listed
above and such service shall be funded through the first (1st) proceeds
of the general City sales tax first imposed in 1981.

The
service and service charge shall be terminated upon presentation of
satisfactory proof to the City that any such dwelling unit or establishment
is unoccupied and shall be commenced upon renewed occupancy thereof.

The
system of service established by the provisions of this Chapter hereof
is designed as an integral part of the City's program of health and
sanitation to be operated as an adjunct to the City's system for providing
potable water and the City's systems for providing sewerage disposal.
The City may enforce collection of such charges by bringing proper
legal action against the occupant of any premises which has received
such services to recover any sums due for such services plus a reasonable
attorney's fees to be fixed by the court. Late payment fees are hereby
authorized in the same percentage as for the City potable water and
wastewater utilities.

The
service charge herein provided for is hereby imposed upon the occupant
of each dwelling unit receiving such service under the provisions
of this Chapter and billing thereof shall be made to the person contracting
for City water and/or sewerage service to each such dwelling unit.
In the absence of information that such person is neither the owner
nor the tenant of such dwelling unit, in which event billing thereof
shall be made to the owner. Service charges shall be payable to the
department empowered to collectservice charges imposed by the City
and billed with the water and/or gas bill once each month.

Editor's Note: Former Subsection (D)(1), which provided for
subscriptions to the community use dumpsters, was superseded 11-14-2013
by Ord. No. 2186. For current provisions, see Subsection (D)(2) of
this section.

The City will operate the yard waste program as outlined on
the attached document.[4] With the exception of commercial customers the City will
no longer directly charge fees associated with the yard waste program.
The yard waste program will only be available to City residents and
registered commercial contractors. The yard waste program will not
accept yard waste from outside the City limits.

The City Administrator is directed to review the contractor's fuel
costs and consumption each month and is hereby authorized to adjust
the amount of the fuel surcharge to any amount necessary less than
one dollar ($1.00) per month per account.

Deposit solid waste in any solid waste container other than his own,
without the written consent of the owner of such container and/or,
with the intent of avoiding payment of the service charge hereinafter
provided for solid waste collection and disposal.

Interfere in any manner with solid waste collection equipment, or
with solid waste collectors in the lawful performance of their duties
as such, whether such equipment or collectors shall be those of the
City, or those of a solid waste collection agency operating under
contract with the City.

Engage in the business of collecting, transporting, processing or
disposing of solid waste within the corporate limits of the City without
a permit from the City, or operate under an expired permit, or operate
after a permit has been suspended or revoked.

Any person violating any of the provisions of this Chapter,
or any lawful rules or regulations promulgated pursuant thereto, upon
conviction, shall be punished by a fine of not less than five dollars
($5.00) nor more than five hundred dollars ($500.00); provided that
each day's violation thereof shall be a separate offense for the purpose
hereof.